Territorial competence for the settling of disputes arising from claims for compensation of damage due to payment of the sum insured according to insurance policy : [case review] Cover Image

Mjesna nadležnost za suđenje u sporu za naknadu štete zbog isplate osigurane svote po polici osiguranja : [prikaz presude]
Territorial competence for the settling of disputes arising from claims for compensation of damage due to payment of the sum insured according to insurance policy : [case review]

Author(s): Barbara Preložnjak
Subject(s): Civil Law, Maritime Law, Commercial Law
Published by: Hrvatska akademija znanosti i umjetnosti
Keywords: case review; court's competence; compensation of damage; insurance policy;

Summary/Abstract: The Scottish Court has the territorial competence over a dispute for compensation of damage to the plaintiff occurred at the time of his payment of the sum insured according to insurance policy. The English Court, to which the plaintiff presented the claim for compensation of damage, is not convenient for the defendants. The competence of the Scottish Court is based on the decision of procedure abolition in front of the English Court on the basic of ''forum non conveniens'' principle.

  • Issue Year: 47/2008
  • Issue No: 162
  • Page Range: 208-211
  • Page Count: 4
  • Language: Croatian